CPJ to monitor implementation of Argentine broadcast law

New York, December 8, 2009—The proposed appointment of four members of a seven-person Argentine media regulatory agency created under a government-sponsored broadcast law raises concerns about its independence, the Committee to Protect Journalists said today. CPJ will monitor the law’s implementation to ensure that the agency is not subjected to undue political interference.

The structure of the regulatory agency is at the center of
the debate over the broadcast overhaul. The agency will consist of two members
appointed by the executive, three by Congress, and two from a federal council
made up of a majority of governors and civil society.

The executive branchhas
proposed the appointment of Gabriel Mariotto, director of the previous
regulator, and Congressman Manuel Baladrón with the official Frente para la Victoria (Front for
Victory) party, according to local news reports. Both are close government
allies. The federal council has nominated Chaco Governor Jorge Capitanich—who is
a member of the ruling party—and Eduardo Seminara, an academic from RosarioUniversity.

The other three members, who must be selected by a bicameral
congressional committee, including a member of the ruling party, have not yet
been selected. The political opposition and civil society members have challenged
the candidacy of Mariotto, alleging that he owned an illegal FM radio station
at one point. They have also challenged Capitanich’s candidacy, saying that as
governor it would be a conflict of interest for him to take another full-time
position, among other reasons,according to news reports. The
challenges were brought under a presidential decree signed after the law was
promulgated that provides a 10-day period of civic participation in the
selection of the regulatory body.

“While this legislation represents a significant improvement
over the dictatorship-era law that it replaced, we have concerns that the
implementation could be subjected to political manipulation,” said CPJ Americas
Senior Program Coordinator Carlos Lauría. “Based on the recent nominations for
the regulatory board, we are concerned about its autonomy. We will be monitoring
its implementation to ensure that it achieves its stated objective of creating
a more diverse and pluralistic media environment.”

The media legislation, introduced by Kirchner on August 27,
was approved by the Senate on October 10 after more than 100 revisions in the
Chamber of Deputies, the lower house of Congress. The president immediately
signed it into law.

The law reserves a third of the television and radio
spectrum for nonprofit organizations; the other two-thirds are to be divided
between private companies and state broadcasters. It limits the number of licenses
a company can hold, and sets quotas for locallyproduced music, films, and programs, according to CPJ research.

The legislation replaced an archaic provision passed in 1980
during military rule, which gave the executive branch discretionary power over
broadcasting. The government has said the provision will democratize radio and
television; the local press has been deeply divided. While critics are concerned that
excessive political interference could threaten freedom of expression, supporters
told CPJ that if the government wanted to exert control over the media, it
already had an effective tool in the 1980 law.

The legislative debate took place in an antagonistic
environment that worsened existing hostility between the Kirchner
administration and Clarín, the country’s largest media conglomerate. The
Kirchner administration, blaming Clarín and other private media for biased
coverage, verbally abused the press with charged rhetoric. Clarín accused the
government of targeting the media group for its criticism, and pointed to a
series of incidents described as an “escalation of aggressive and intimidating
acts.”